Shiner et al v. Safeway Inc. et al

Filing 10

STIPULATION AND ORDER re (37 in 3:15-cv-05078-EMC and 3:15-cv-0114 EMC and 3:16-cv-318 EMC) STIPULATION WITH PROPOSED ORDER to Consolidate Cases and Permit Filing of Consolidated Complaint filed by Safeway Inc. Signed by Judge Edward M. Chen on 3/9/16. (bpf, COURT STAFF) (Filed on 3/8/2016). Signed by Judge Edward M.Chen on 3/8/16. (bpf, COURT STAFF) (Filed on 3/8/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EHDER SOTO, individually and on behalf
of all others similarly situated,
Plaintiff,

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v.

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Defendant.
HENEY SHIHAD, an individual on behalf of
himself and all others similarly situated,

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v.
SAFEWAY, INC., and DOES 1 through 25,
inclusive,
Defendants.

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Case No. 3:16-cv-00114-EMC

Plaintiff,

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[PROPOSED] ORDER
CONSOLIDATING CASES AND
PERMITTING FILING OF
CONSOLIDATED COMPLAINT
Hon. Edward M. Chen

SAFEWAY, INC.,

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Case No. 3:15-cv-05078-EMC

DAN SHINER, JULIE WHITSON, and
MAURI SANDERS, on behalf of themselves
and all others similarly situated,

Case No. 3:16-cv-00318-EMC

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Plaintiffs,

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v.
[PROPOSED] ORDER
CASE NO. 3:15-CV-05078-EMC

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SAFEWAY, INC., and THE VONS
COMPANIES, INC.,

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Defendants.

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(filed on November 5, 2015), (2) Shihad v. Safeway, Inc., Case No. 3:16-cv-00114-EMC (filed on
January 8, 2015), and (3) Shiner v. Safeway, Inc., et al., Case No. 3:16-cv-00318-EMC (filed on
January 20, 2015) (collectively, “the Actions”).
2.

The caption of the Actions and any subsequently consolidated litigation shall be

“In re Safeway Tuna Cases” with the Master Docket and Master File being Case No. 3:15-cv05078-EMC, and the files of all subsequently consolidated actions shall be maintained under this
case number.
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Defendants shall have no obligation to answer or otherwise respond to the pending

complaints.
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No later than 30 days after the entry of this Order, Plaintiffs shall file and serve a

Consolidated Complaint. The Consolidated Complaint shall serve as the operative pleading in the
consolidated action.
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Defendant shall respond, whether by answer, motion, or otherwise, to the

Consolidated Complaint within 30 days of service.
IT IS SO ORDERED.

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3/9/2016
Date: ____________________

O
IT IS S

ORDER

ED

Chen

.
dward M
_________________________________
Judge E
The Honorable Edward M. Chen
ER
United States District Judge
C

NO

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ISTRIC
ES D
TC
AT
T

RT
U
O

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Federal Rule of Civil Procedure 42(a): (1) Soto v. Safeway, Inc., Case No. 3:15-cv 05078-EMC

R NIA

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The following related actions assigned to this Court are consolidated pursuant to

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FO

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1.

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Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED as follows:

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UNIT
ED

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F
D IS T IC T O
R

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-1-

[PROPOSED] ORDER
CASE NO. 3:15-CV-05078-EMC